Skip to Content

Terms of Use and Privacy Policy

Terms and Conditions of Use

Yonward, Inc.
Terms and Conditions of Use
March 4, 2017

Welcome to Yonward! Yonward is the application platform on which the AIA Guide to Boston mobile app is built, and these Terms and Conditions shall apply to users of the AIA Guide to Boston.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THESE SERVICES.

The following Terms and Conditions of Use (the “Terms”), together with our Privacy Policy (the “Privacy Policy”) govern your access to and use of Yonward’s mobile application (the “App”), the Yonward website located at www.yonward.com (the “Site”) and all subdomains thereof, related application programming interfaces, and email notifications (collectively, the “Services”). The App, the Site and the Services are made available by Yonward, Inc.(“us,” “we,” or “Yonward”). By accessing or using the Services, Site or the App, you signify your agreement to these Terms. If you do not agree to these Terms, you may not access or use the App, the Site or the Services.

These Terms include a release by you of all claims for damage against us that may arise out of your use of the App, the Site or the Services. By using the Services, you agree to this release.

PRIVACY POLICY

Yonward respects the privacy of its users. Please refer to the Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App, the Site or the Services, you signify your agreement to this Privacy Policy.

ABOUT YONWARD SERVICES

Yonward offers visitors a one-stop destination to access useful and hyper-local information about places, such as location, history, reviews, insights, and weblinks.

WHO CAN USE YONWARD

You may use the Services only if you are of sufficient legal age to form a binding contract with Yonward and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions, i.e. (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If you are accepting these Terms and using the App, the Site or the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may access and use the App, the Site and the Services only in compliance with these Terms and all applicable local, provincial/state, national, and international laws, rules and regulations.

You agree to notify us immediately of any unauthorized use of your access to the app.

USE RESTRICTIONS

You agree that you will not under any circumstances:

  • interfere or attempt to interfere with the proper functioning of the Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data.

CONDUCT RESTRICTIONS

If you become aware of misuse of our Service, please contact us at support@Yonward.com.

We reserve the right, but are not obligated, to limit or deny any user’s access to or use of the Services, the Site or the App or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.

HOW YOU MAY USE OUR SERVICES

You may use the Services, including through the Site or the App, and any information, data, images, tools, results, content, applications and other material made available via the Services, including any such material that is owned by third parties and licensed under the Terms herein SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE and otherwise in accordance with these Terms. You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use).

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, the Site or the App, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site or the App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms.

APP LICENSE

Subject to these Terms and in exchange for the price paid in the Apple App Store, Yonward grants you a non-transferable, non-exclusive license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.

You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof.

Yonward and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications or corrections thereto.

The following terms and conditions apply to you only if you are using App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Yonward, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Yonward acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Yonward acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Yonward, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and Yonward acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Copyright Policy

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Services, you may be provided with links to third party website(s), such as organizations companies, and locations whose locations are posted on the Site or the App. Yonward has no control over linked websites or the promotions, materials, information, goods or services available on these third party websites. Yonward is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked websites or any privacy or other practices of such websites. Yonward may terminate any link at any time.

ACCURACY OF INFORMATION

Yonward does NOT warrant that descriptions of locations, products and services and information on the App and the Site are current, complete or free from error. Moreover, to the extent that Yonward displays or links to content from third party sites, only those third party content suppliers are responsible for the accuracy or completeness of the content they make available on their sites.

QUESTIONS, COMPLAINTS, AND CLAIMS

Questions, complaints, and claims regarding the Yonward app may be directed to Yonward, Inc., support@yonward.com, or 617-453-9008.

Communications made through Yonward’s e-mail and phone messaging system will not constitute legal notice to Yonward or any of its officers, employees, agents or representatives in any situation where notice to Yonward is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from Yonward in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yonward provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

TERMINATION

These Terms will continue to apply until terminated by either you or Yonward as follows:

You may end your legal agreement with Yonward at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform Yonward when you stop using the Services.

We may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account(s) or the next time you attempt to access your account(s).

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply to the sections entitled Rules for User Conduct and User of the Services; Use Restrictions; Conduct Restrictions; License Grant; Intellectual Property; App License; Copyright Policy; Ending These Terms; Disclaimer; Limitation of Liability; Use of the App is at User’s Risk; Indemnity; and Applicable Laws; Venue.

Nothing in this section shall affect Yonward’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.

DISCLAIMER; LIMITATION OF DAMAGES; RELEASE

THE SERVICES, THE SITE AND THE APP ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YONWARD MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES, THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES, THE SITE OR THE APP. YONWARD MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THE APP OR ON THE SITE.

USE OF THE APP IS AT USER’S RISK

You have the complete and exclusive obligation to use this App carefully and securely. The App must not be used at such time and/or in a manner that may adversely affect your safety.  Exercise particular caution if using the App while moving, and take special care if stopping to select a safe, suitable location and to do so in a manner safe for you and others.

Due to the complexity of the software systems, cellular networks and navigation systems by way of a satellite, the information exhibited by the App or on the Site may contain mistakes, including unsuitability of the place where you actually are, or the road signposts and conditions, and therefore, the App should not be relied upon as the only way or method you are relying on to navigate or to get to the required destination.

LOCATION AND DATA MAY NOT BE ACCURATE. YOUR USE OF ANY REAL TIME ROUTING APPLICATION IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YONWARD, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE SERVICES, THE SITE OR THE APP; (B) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE YONWARD SERVICES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH YONWARD OR ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT YONWARD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YONWARD EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID YONWARD, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

If you have a dispute an organization, company, or location posted on the Services, the Site or the App, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

INDEMNITY

You agree to defend, indemnify and hold harmless Yonward, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

MODIFICATION OF THESE TERMS

We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site and the App from time to time to view any such changes in these Terms. If you continue to use the Services, you signify your agreement to our revisions to these Terms. However, we will notify you of material changes to the terms by posting a notice on the Site or the App and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.

ASSIGNMENT

Yonward may assign or delegate these Terms and/or the Yonward Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or Privacy Policy without Yonward’ prior written consent, and any unauthorized assignment and delegation by you shall be void and of no force and effect.

APPLICABLE LAWS; VENUE

These Terms and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Delaware. Any action related to the Services will be filed only in the appropriate state or federal court located within the Commonwealth of Massachusetts. By using the Services, you signify your consent to the jurisdiction of the state and/or federal courts of the Commonwealth of Massachusetts.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS.

Privacy Policy

Yonward, Inc.
Privacy Policy
March 4, 2017

Yonward is the application platform on which the AIA Guide to Boston mobile app is built, and this Privacy Policy shall apply to users of the AIA Guide to Boston.

The Yonward, Inc. Privacy Policy (“Privacy Policy”) is designed to provide a clear understanding of how we collect, store and use information to provide users with a better experience. For purposes of this Agreement, the terms “we,” “us,” “our,” and Yonward refer to Yonward, Inc. “You” or “user” refers to you, as a user of the Yonward website, www.Yonward.com, and all subdomains thereof (the “Site”), the Yonward mobile software application (the “App”), related application programming interfaces, and notifications (the “Services”) and any information, text, graphics, photos, videos, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Yonward is committed to maintaining privacy protections for its users. By using the Services, you expressly accept our Privacy Policy and Terms of Service and you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy.

The Yonward Privacy Policy is organized as follows:

  • Information we collect
  • How we use and share information
  • How we protect information
  • Your rights regarding the use of your personal information
  • Links to other websites
  • Changes to our privacy policy
  • How to contact us
  • International Users
  • California Privacy Rights.
  1. Information We Collect

We may collect both “Personal Information” and “Non-Personal Information.” Personal Information is information that you submit to us either through the Site or the App or by registering for Yonward through another social networking site (such as Facebook), and that is personally identifiable (i.e. can be linked to a specific individual) such as your name, email address and telephone number. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information, geo-location data, platform types, number of clicks.

This information may include the following:

  1. INFORMATION YOU PROVIDE US BY REGISTERING FOR A YONWARD ACCOUNT OR DOWNLOADING THE APP

Visitors may access and use the Service without disclosing most Personal Information. In addition, we may in the future allow users to create their own profile through the App or the Site to provide users with a better and more customized experience; when a user creates a profile, we collect Personal Information that users voluntarily provide through the registration process.

  1. INFORMATION COLLECTED VIA TECHNOLOGY

In addition to the personal information you voluntarily provide when you register for the Site or download the App, in an effort to improve the quality of Yonward’s service, we track information provided to us when you use the App or view the Site, such as the website you came from (known as the “referring URL”), the type of browser you use, the time and date of access, and other information that does not personally identify you. We do so by sending one or more cookies or similar persistent identifiers (such as universally unique identifiers) to your computer or mobile device that uniquely identifies your browser or device. A cookie is a small text file composed of alphanumeric letters, which includes an anonymous unique identifier, that is sent to a user’s browser from our servers and is stored on the user’s computer hard drive. Doing so allows us to collect Non-Personal Information about our users and keep a record of user preferences when utilizing the Services, both on an individual basis and in the aggregate.

For example, Yonward may compile the the number of times a user:

  • Views their profile
  • Clicks on the map or views a beacon
  • Views a guide or beacon
  • Clicks through to other sites linked to Yonward
  • Views each guide or beacon
  • Shares a guide or beacon through a social network.

Yonward may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. For example, we store a persistent cookie to track your last known location on the Site or App map. This way, when you return to the map, the map can refresh at exactly the same place as it was when you left.

  1. GEOLOCATION DATA COLLECTED

If you use the Services through the App, we will collect your geo-location information in order to provide a better Yonward experience that incorporates information about your location and surroundings. We will not share this information with third parties and will only use this information for the sole purpose of customizing your Yonward experience. You may at any time disable the collection of Services to track your location by turning this off at the device level.

  1. How We Use and Share Information
  1. PERSONAL INFORMATION

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes the Personal Information that we collect with third parties without your consent. We may share Personal Information with vendors who are performing services for Yonward on behalf of Yonward, such as the servers for our email communications who are provided access to your email address for purposes of sending you emails from us. Those vendors only use your Personal Information at our direction and in accordance with our Privacy Policy.

The Personal Information you provide to us is used to enhance your experience with Yonward and to help us communicate with you. For example, our use of Personal Information may include, but is not limited to, responding to users’ questions, soliciting feedback and input form users, providing technical support, and informing users about product or promotional offers. We may also use it to serve customized advertising.

  1. NON-PERSONAL INFORMATION

We use Non-Personal Information to help us improve Yonward products and services and customize the user experience. We also aggregate Non-Personal Information to use in statistical analyses to help us track trends and analyze patterns in the use of Yonward. This Privacy Policy does not limit our use or disclosure of any Non-Personal Information in any way, and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion.

  1. MERGERS, ACQUISITIONS AND SIMILAR BUSINESS TRANSACTIONS

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this Privacy Policy.

  1. SHARING INFORMATION WITH THE GOVERNMENT OR AS OTHERWISE REQUIRED BY LAW

We may use or disclose information collected on the Site or the App to resolve disputes or investigate problems. We may disclose or access such information when we believe in good faith that the law requires it, or if we consider it necessary to maintain the Services and improve our products and services.

  1. CHANGES

If our information practices change at some time in the future, we will provide notice through the App and/or post the policy changes to our Site or the App to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check the Site periodically.

  1. How We Protect Information

While there is no practical way to absolutely assure the security of information you supply us, we implement strong security measures designed to protect your information from unauthorized access.

Once we have received your information, we also take precautions against possible security breaches of the Services and customer databases by putting in place technological security measures, including encryption, firewalls, and secure socket layer technology. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By visiting the Site or using the Services or the App, you acknowledge that you understand and agree to assume these risks.

  1. Your Rights Regarding the Use of Your Personal Information

You have a right at any time to stop us from contacting you for marketing purposes. If you receive promotional communications from us, you will be able to indicate a preference to stop receiving further promotional communications from us and will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail.

Please note that despite any indicated email marketing preferences, we may send you administrative emails regarding Yonward, including, for example, notices of updates to our Privacy Policy if we choose to provide such notices to you in this manner.

  1. Links to Other Websites

As part of the Services, Yonward may provide links to other websites or applications that we believe may be of interest to our users. We are not responsible for the privacy practices employed by those websites, nor are we responsible for the information or content they contain. This Privacy Policy applies solely to information collected by us through Yonward; when you use a link to go from our website to another third party website, this Privacy Policy is no longer in effect. The privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of these other websites or applications before proceeding to use them.

  1. Changes to Our Privacy Policy

Yonward reserves the right to change this Policy and our Terms of Service at any time. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your account, or by placing a prominent notice on the App or our Site, so that you can choose whether to continue using the Service. Significant changes will go into effect 30 days after we notify you. Non-material changes or clarifications will take effect immediately. You should periodically check the Site for updates.

  1. How to Contact Us

If you have any questions regarding this Privacy Policy or the practices of the Services, the Site or the App please contact us by sending an email to support@Yonward.com.

  1. International Users

The Services, the Site and the App are hosted and operated in the United States of America. Those who access or use the Services, the Site or the App from other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. Please note that the personal information you submit using the Services will be transferred to and stored in the United States to be processed by us so we can provide the Services, the Site and the App to you as set forth in this Privacy Policy and the Terms of Service.

If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States. Please note that the level of legal protection provided in the United States or other non-European countries in which you may access the Site or the App or use the Services may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction.

  1. California Privacy Rights

California law permits visitors who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us at support@Yonward.com.